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2000 Supreme(Mad) 970

A.S.VENKATACHALA MOORTHY, N.K.JAIN, K.SAMPATH, K.GNANAPRAKASAM, K.RAVIRAJA PANDIAN
Thanikachalam M. and Others – Appellant
Versus
Maduranthakam Agricultural Producers Co-Operative Marketing Society and Others – Respondent


V. T. Gopalan, S. Udayakumar, M. S. Subbaraj, Row, Reddy, Ganesan C. Selvaraju, Parakasam Thanaseelan, Ms. Thilakavathi Chandru, T. R. Rajagopalan, M. K. Hidayathulla, Advocates.

Judgment :-

N.K. JAIN, CJ.

These W.P. Rs. have been posted before us to get an authoritative decision as to whether writ petitions, challenging the orders passed under the provisions of the Co-operative Societies Act are maintainable.

We will now advert to the facts in detail, as to how the matter, now being referred to us, had been set at naught by two Full Bench decisions of this Court.

In the year 1989, a Full Bench of this Court, in R. Thamilarasan Etc., P. Kannan Etc., v. Director of Handlooms and Textiles, Madras and others, 1989-I-LLJ-588 (Mad-FB), while deciding the issue as to whether a writ will lie against Co-operative Society, rendered a finding in negative, holding that no writ is maintainable against Co-operative Society, because it is not a statutory body or an authority or agency or instrumentality of the State, under Article 12 of the Constitution of India. Subsequently, a Division Bench of this Court in the decision in Natarajan, A. v. The Registrar of Co-operative Societies, 1991-II-LLJ-296 (Mad-DB), took a view that the decision of the Full Bench of this Court rendered in Thamilarasans Case (supra), which did not analyse the issue in the right perspective, is per























































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